Barnhart v. Fulkerth

California Supreme Court

Barnhart v. Fulkerth

59 Cal. 130

CourtCalifornia Supreme Court

DecidedJuly 15, 1881

DocketNo. 7,189

StatusPublished

Cited by2 cases

This text of 59 Cal. 130 (Barnhart v. Fulkerth) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnhart v. Fulkerth, 59 Cal. 130 (Cal. 1881).

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Opinion

The Court:

The Judge of the Superior Court having been attorney and of counsel in the proceeding (Code Civ. Proc. § 170), should have granted the motion to change the place of trial. (Code [131]*131Civ. Proc. § 398.) Such was the law when the motion was made. (Const., art. xxii, §§ 1, 12.)

Order reversed, and Court below directed to order the cause to be transferred for trial to the appropriate Superior Court.

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The Court:

The Judge of the Superior Court having been attorney and of counsel in the proceeding (Code Civ. Proc. § 170), should have granted the motion to change the place of trial. (Code [131]*131Civ. Proc. § 398.) Such was the law when the motion was made. (Const., art. xxii, §§ 1, 12.)

Order reversed, and Court below directed to order the cause to be transferred for trial to the appropriate Superior Court.

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Bluebook (online)

59 Cal. 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnhart-v-fulkerth-cal-1881.

Opinion

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